Halle Berry Wins First Round Of Custody Battle

Halle Berry just emerged from court victorious in her custody battle with Gabriel Aubry!

A judge has awarded the actress permission to go across country with her toddler to shoot a movie.

Gabriel was trying to block Halle from going to NYC to shoot "New Year's Eve" -- the movie from which she withdrew in order to deal with her custody issues over Nahla.

After hearing arguments this morning from both sides the judge gave her the green light to travel to New York with her daughter. We've learned she won't take back the role that was given to Katherine Heigl, but she'll play another character in the movie.

Halle's lawyer, Neal Hersh, tells TMZ,

"We are pleased the judge took the time to deal with this very imminent and important issue. The judge read a great deal of paperwork and gave us time to argue. Halle is very pleased with the judge's order."

As for Gabriel, he has withdrawn his custody petition -- which is public -- but he's continuing his war by filing a paternity action. Paternity cases are not open to the public.
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